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INDONESIA
Journal of International Islamic Law, Human Right and Public Policy
Published by PT. RADJA INTERCONTINENTAL PUBLISHING
ISSN : -     EISSN : 30312280     DOI : https://doi.org/10.59733/jishup
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
This journal emphasizes specifics in the discourse of Islamic Law and Humanity, as well as communicating actual and contemporary research and problems related to Islamic studies. This journal openly accepts contributions from experts from related scientific disciplines. All articles published do not necessarily represent the views of the journal, or other institutions that have links to journal publications. This journal publishes articles with the following focus and scope: Islamic Law and Jurisprudence from various perspectives which emphasize aspects related to the study of Islamic Jurisprudence in the Indonesian and international context, with special reference to culture, diversity, norms and customs of life, politics , sociology, psychology, anthropology, economics, history, philosophy, Islamic astronomy
Arjuna Subject : Ilmu Sosial - Hukum
Articles 361 Documents
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IMPLEMENTATION OF LAW BY JUDGES IN PROVIDING LEGAL PROTECTION TO CHILD VICTIMS OF SEXUAL HARASSMENT (Study of Decision No. 25/Pid.Sus/2021/PN Tbk, Study of Decision No. 129/Pid.Sus/2021 PN Tim and Study of Decision No. 31/Pid.Sus/2022/PN Psp) Annisa Ali Gea; Mohammad Eka Putra; Marlina
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 4 (2026): December - ON PROGRESS
Publisher : PT. Radja Intercontinental Publishing

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Abstract

The application of the law by judges in criminal cases, especially for child victims of sexual abuse, is very important. Children have the right to protection that can endanger or hinder their normal growth and development. Therefore, it is imperative for the state to respect and protect children's rights by realizing them in legal regulations to protect children facing legal problems. This study aims to examine the role of judges in the juvenile criminal justice system in Indonesia and how judges apply the law in providing legal protection to child victims of sexual abuse and whether judges have provided legal protection to child victims of sexual abuse related to Decision Study No. 25/Pid.Sus/2021/PN Tbk, Decision Study No. 129/Pid.Sus/2021 PN Team and Decision Study No. 31/Pid.Sus/2022/PN Trg). The research method used is normative juridical with data collection techniques namely literature study. From the results of this study, the role of judges in the juvenile criminal justice system in Indonesia is to apply positive law and find laws that include justice, benefits and legal certainty by applying the application of law in accordance with the criminal acts committed by the defendant by providing protection for child victims of sexual harassment as stated in Law of the Republic of Indonesia No. 35 of 2014. Judges in applying the law with the facts in the trial in the study of decision No. 25 / Pid.Sus / 2021 / PN Tbk, decision No. 129 / Pid.Sus / 2021 PN Team, and decision No. 31 / Pid.Sus / 2022 / PN Psp, the judge decided that the defendant legally committed an innocent crime committed by the adoptive parents against the victim's child in the decision, however, in his decision the judge did not provide legal protection for the rights of the victim's child such as restitution as part of the victim's recovery.  
JURIDICAL ANALYSIS OF THE VALIDITY OF DEEDS READ WITHOUT THE PRESENCE OF A NOTARY IN NOTARIAL PRACTICE IN BATAM CITY Giofanny Marchellino Fransiscus Tulung; Erniyanti; Soerya Respationo; Markus Gunawan; Mania
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 4 (2026): December - ON PROGRESS
Publisher : PT. Radja Intercontinental Publishing

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A notarial deed is an authentic deed that possesses full evidentiary power and serves to provide legal certainty for parties in a variety of civil legal relationships. The authenticity of a notarial deed is determined not only by the authority of the notary as a public official, but also by the fulfillment of formal and material requirements as regulated in the Civil Code and the Law on the Office of Notary. In notarial practice, indications still arise of deed readings conducted without the presence of the notary or delegated to notary office staff. Such conditions have the potential to give rise to issues concerning the validity of the deed, its evidentiary strength, and the legal responsibility of the notary. This study aims to analyze the legal provisions regarding the validity of deeds read aloud without the presence of a notary, examine their impact on notarial practice in Batam City, and identify the legal risks arising for the deed, the parties involved, and the notary. This study employs a normative-empirical legal research method with statutory, conceptual, and empirical approaches. Data were obtained through literature review, document study, and interviews with notaries, the Notary Supervisory Council, and relevant parties in Batam City. The data obtained were analyzed using qualitative juridical analysis. The research results show that the obligation of the notary to read out the deed directly in the presence of the appearing parties is a formal requirement that must be fulfilled in the creation of an authentic deed. Reading the deed without the notary’s presence may cause the deed to lose its authenticity, weaken its evidentiary strength, and create legal uncertainty for the parties. In addition, such practice poses risks of civil, administrative, ethical, and even criminal liability for the notary if it is proven to cause loss or is done intentionally. Therefore, enhanced supervision, notary compliance with the provisions of the Notary Position Law, and legal education for the public are needed to ensure legal certainty and safeguard the integrity of the notarial profession.
JURIDICAL ANALYSIS OF THE POSITION OF THE DEED OF ESTABLISHMENT OF A LIMITED LIABILITY COMPANY IN RELATION TO THE LEGALITY OF LEGAL ACTIONS OF A SHIPPING COMPANY (CASE STUDY OF PT BIAS DELTA PRATAMA) Hetti Sitorus; Erniyanti; Titik Aminah; Markus Gunawan; Mania
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 4 (2026): December - ON PROGRESS
Publisher : PT. Radja Intercontinental Publishing

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The deed of establishment of a limited liability company is an authentic instrument recording the founders’ agreement and the articles of association, while legal-entity status arises upon ministerial approval. In the company’s subsequent development, the deed of establishment must be read together with amendments to the articles of association and deeds recording changes in company data. For PT Bias Delta Pratama, the empirical documents examined include the history of Deed of Establishment Number 183 dated 26 September 1992 and Deed Number 55 dated 28 February 2018, which records the minutes of an Extraordinary General Meeting of Shareholders and is therefore a subsequent corporate deed. This study analyzes the position of that documentary chain in determining the authority of the company’s organs and the binding effect of legal acts performed in the company’s name. This study employs a normative-empirical legal research method using the statute approach, conceptual approach, and empirical approach. The research data consists of primary data obtained through interviews with respondents and informants, as well as secondary data obtained through a literature study of legislation, books, journals, and relevant legal documents. The data are analyzed qualitatively through the processes of reduction, presentation, and conclusion drawing. The results show that the deed of establishment is the documentary basis for forming the company, whereas legal-entity status arises through ministerial approval. After incorporation, representative authority is determined by company law, the articles of association and their amendments, shareholders’ resolutions appointing directors, the recording of changes in company data, and valid powers of attorney. Deed Number 55 of 2018 is not the deed of establishment; it is a deed recording an Extraordinary General Meeting of Shareholders and is used to trace post-incorporation corporate decisions and data. At PT Bias Delta Pratama, internal operational titles do not automatically confer authority to represent the company. Accordingly, amendments to the articles or updates to company data must be made according to the legal nature of each change.
JURIDICAL ANALYSIS OF LEGAL PROTECTION FOR SHAREHOLDERS DUE TO THE CANCELLATION OF A NOTARIAL DEED BY A COURT DECISION (CASE STUDY OF CASSATION DECISION 4605 K/PDT/2025 Antoni Harsono; Erniyanti
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 4 (2026): December - ON PROGRESS
Publisher : PT. Radja Intercontinental Publishing

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The unilateral dismissal of corporate organs through an Extraordinary General Meeting of Shareholders (EGMS) potentially triggers corporate disputes and the degradation of the legality of a Notarial deed. This dispute raises complex juridical problems, especially when a Notarial deed is canceled by a cassation-level court decision that has obtained permanent legal force (inkracht), thereby dragging the Notary's office into the vortex of share ownership conflicts. This research aims to analyze the legal standing of the parties regarding the cancellation of the Notarial Deed, classify the juridical reasons for the deed's cancellation from the aspect of Unlawful Acts (Onrechtmatige Daad) and procedural violations, and examine the mechanism for restoring the administrative rights of the parties post-court decision. This research utilizes a normative-empirical legal research method. Data were obtained through library research and focused on the analysis of primary data in the form of Supreme Court Decision Number 4605 K/Pdt/2025, minutes of meeting documents, as well as the results of in-depth interviews with the Notary who formulated the deed and the disputing parties. The research results indicate that the dispute arose due to the disregard of the subjective rights of minority shareholders, where the dismissal from the position of Commissioner was carried out without stating specific reasons and without the right to self-defense. The Supreme Court classified the Directors' actions as an Unlawful Act because it violated imperative provisions, thus resulting in the EGMS Minutes Deed being declared null and void by law. The Notary was not subjected to material compensation sanctions but bears a passive obligation to adjust the records on the minuta (minute) of the deed. In conclusion, repressive legal protection for the injured party is achieved through the cancellation of the deed by the judiciary, but the protection of administrative rights is still hindered by execution desynchronization, thus requiring a manual data update application to the Legal Entity Administration System (SABH) to realize the restoration to the original state (restitutio in integrum).
LEGAL ANALYSIS OF OWNERSHIP OF A PLACE OF RESIDENCE BY FOREIGNERS DOMICILED IN INDONESIA, ON LAND WITH MANAGEMENT RIGHTS (HPL) CASE STUDY OF BATAM BUSINESS ENTITIES Rinda Kharisa; Erniyanti; Soerya Respationo; Markus Gunawan
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 4 (2026): December - ON PROGRESS
Publisher : PT. Radja Intercontinental Publishing

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This study examines the legal framework, implementation, obstacles, and solutions concerning residential ownership by foreigners domiciled in Indonesia on land under the Management Right (Hak Management/HPL) of the Batam Indonesia Free Zone Authority (BP Batam). The research uses a normative-empirical legal design by combining statutory, conceptual, and case approaches with field data obtained through interviews with notaries/PPAT, BP Batam officials, and land-administration actors. The findings indicate that foreign residential ownership has a sufficient normative basis through the Basic Agrarian Law, the Job Creation regulatory framework, Government Regulation No. 18 of 2021, and implementing regulations. Foreigners cannot hold ownership rights over land; the legally available route is principally a Right of Use and, under relevant conditions, ownership of apartment units constructed on eligible land rights, including HPL land. In Batam, implementation requires BP Batam land allocation or approval and subsequent land registration, creating an additional administrative layer. The main problems are regulatory disharmony, institutional overlap, complex procedures, weak inter-agency integration, and risks of nominee arrangements. Harmonization, integrated digital services, clearer standard procedures, and stronger supervision are therefore required to improve legal certainty while maintaining the nationality principle in Indonesian land law.
PREEMPTIVE MEASURES BY THE SUKOHARJO POLICE DEPARTMENT’S COMMUNITY RELATIONS UNIT TO COMBAT GANG-RELATED CRIMES Irfan Fais Baihaqi; Hafid Zakariya; Firstnandiar Glica Aini
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 4 (2026): December - ON PROGRESS
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This study aims to identify the preemptive measures taken by the Community Development Unit (Satbinmas) of the Sukoharjo Police Department to combat thuggery, as well as to identify the obstacles encountered and efforts to overcome them. This study employs an empirical legal research method with a descriptive approach. Data were collected through interviews and observations of Satbinmas members at the Sukoharjo Police Department, as well as a literature review of relevant laws and regulations, books, journals, and previous studies. The data collected were analyzed using qualitative descriptive methods. The results of the study indicate that the preemptive efforts of the Sukoharjo Police Department’s Satbinmas are carried out through Community-Led Security Development (Binkamsa), Youth, Teenagers, and Women’s Development (Binredawan), “Friday Confessions” sessions, legal education and outreach, community visits by Bhabinkamtibmas officers, strengthening the Police-Community Partnership Forum (FKPM), collaboration with relevant agencies and community leaders, and increasing community participation in maintaining security and order. Challenges faced include economic factors affecting the community, fear of reporting crimes, low legal awareness, limited personnel, limited facilities and infrastructure, the vastness and diverse characteristics of the jurisdiction, and coordination challenges. Efforts to overcome these obstacles have been made through increased door-to-door outreach, the use of information technology and the 110 complaint hotline, the strengthening of the FKPM, and collaboration with local governments on community economic empowerment. Thus, the preemptive efforts of the Sukoharjo Police’s Community Relations Unit (Satbinmas) have been implemented through a guidance-based approach and partnerships with the community; however, further strengthening of resources, coordination, and community participation is still needed to ensure that the prevention of thuggery can be carried out optimally.
RISKS OF THE POSITION OF LAND DEED MAKING OFFICIALS IN LAYERED AREAS: COMPARISON OF LAND LAW CONSTRUCTION OF KPBPB BATAM AND THE ISKANDAR REGION OF MALAYSIA Wahyu Taufiq Abdul Aziz; Erniyanti; Fadlan
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 4 (2026): December - ON PROGRESS
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The designation of a territory as a special economic zone is commonly understood as a facility for investment. This study tests that assumption from a rarely examined angle, namely its consequences for the position of land deed officials. This normative legal research compares the construction of land law in the Batam Free Trade Zone and Free Port with the Iskandar Malaysia region, employing comparative, statutory , and conceptual approaches. The comparison measures each zonal regime's deviation from its parent land law across nine equivalent aspects. The findings show that Iskandar deviates from Johor State law in only two of nine aspects, none of which touches the legal relationship over land. On the other hand, the Batam Free Trade Zone deviates in five of nine aspects, all of which touch the legal relationship over land and its governing institutions. The consequence for the office of Land Deed Official is distinctive: the validity of the deed depends on a management right utilization approval whose issuing standards lie beyond the profession's control. This risk is aggravated by a negative publication system that grants no indefeasibility after registration, unlike the Torrens system which closes that risk. The study concludes that reforming institutional coordination is not merely an ease-of-doing-business agenda but a professional protection agenda, and formulates four mitigation measures achievable without altering the nationality principle in Indonesian land law.
LEGAL ANALYSIS OF THE ROLE OF NOTARIES IN PREVENTING ABUSE OF NAME-LOAN AGREEMENTS BETWEEN FOREIGN CITIZENS AND INDONESIAN CITIZENS (Research Study of Decision Number 129/Pdt.G/2021/PN.Btm) Akmal Fatayat; Erniyanti; Agus Siagian; Titik Aminah
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 4 (2026): December - ON PROGRESS
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The use of nominee agreements between foreign nationals and Indonesian citizens is still found in land transactions in Indonesia. Through this arrangement, foreign nationals are able to control land that, under the Basic Agrarian Law, may only be owned by Indonesian citizens. This practice is not in line with the nationality principle under Indonesian land law. Therefore, Notaries have an important role in preventing the misuse of nominee agreements by ensuring that every deed they prepare complies with the applicable laws and regulations. This study examines the role of Notaries in preventing the misuse of nominee agreements based on Decision Number 129/Pdt.G/2021/PN.Btm. This study examines three issues: the legal regulation governing the role of Notaries in preventing the misuse of nominee agreements between foreign nationals and Indonesian citizens, the implementation of the Notary's role in practice, and the obstacles encountered together with the proposed solutions. This is normative legal research using statutory, conceptual, case, and practice-oriented approaches. The research uses primary, secondary, and tertiary legal materials collected through library research and supported by interviews. The data were analyzed qualitatively using a descriptive-analytical method based on legislation, legal literature, and Decision Number 129/Pdt.G/2021/PN.Btm. The study finds that the preventive role of Notaries is regulated under the Law on Notarial Office, the Basic Agrarian Law, and the Indonesian Civil Code. However, there are no specific legal provisions governing nominee agreements. In practice, Notaries prevent the misuse of nominee agreements by applying the prudential principle, verifying the identity of the parties, examining supporting documents, and providing legal advice before preparing an authentic deed. The main obstacles are the limited authority of Notaries to identify the actual legal relationship between the parties and the absence of clear legal rules on nominee agreements. This study recommends improving the existing legal regulations, strengthening the supervision and professionalism of Notaries, and increasing public legal awareness to prevent the misuse of nominee agreements .
OPTIMIZING IMMIGRATION PUBLIC SERVICES THROUGH ADMINISTRATIVE AUTHORITY AT BATAM IMMIGRATION CHECKPOINTS Ahmad Rifki; Soerya Respationo; Siti Nurkhotijah; Erniyanti; Ramlan
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 4 (2026): December - ON PROGRESS
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services through administrative authority at the Batam Center Port Immigration Checkpoint (TPI), identify the accompanying obstacles, and formulate relevant policy solutions. Research Methodology: The research uses an empirical juridical approach (socio-legal research) with qualitative methods, combining legislative, conceptual, case, and socio-legal approaches, through semi-structured interviews with immigration officials, field observations on the implementation of digital-based international arrival reporting, and document studies at the Batam Class I Special Immigration Office TPI. Results: The administrative authority of Immigration Officers at the Batam Center TPI has strong legal legitimacy through attribution, delegation, and mandate mechanisms, but the implementation of digital services via the All Indonesia Application is not optimal due to regulatory gaps, the absence of imperative administrative sanction norms, and the unavailability of standard Contingency Plan SOPs. The Reliability Dimension has not been achieved due to server latency during peak hours, while the Responsiveness Dimension of officers is high but functions as a compensating factor that shifts the role of officers from border law enforcement to technical assistance. From the perspective of Aristotle's Theory of Justice, a single digital service scheme has the potential to harm distributive justice for vulnerable groups, while corrective justice for system failures is still ad-hoc because it has not been institutionalized. Conclusion: Optimizing immigration public services at TPI Batam Center requires holistic legal and bureaucratic engineering in three dimensions at once, namely legal substance, legal structure, and legal culture, as per the Friedman Legal System Theory framework, so that the balance of the Four Immigration Functions can be realized without sacrificing state security or the quality of public services. Limitations: The research is limited to one locus, namely the Batam Center Port TPI, with qualitative data based on interviews with a limited number of informants, so generalizations to other TPIs with different characteristics need to be done carefully. Contribution: This research contributes to the development of state administrative law and immigration law, particularly regarding administrative authority in digital border governance, and proposes concrete recommendations for the Directorate General of Immigration and the Batam Immigration Office.
LEGAL ANALYSIS OF JUDICIAL ASSESSMENT OF NOTARY'S RESPONSIBILITY IN AUTHENTIC DEED DISPUTES IN CRIMINAL COURTS (RESEARCH STUDY OF DECISION NUMBER 1/PID.B/2026/PN.JTH) Aminul Haqqi; Markus Gunawan; Agus Siagian; Titik Aminah; Irpan Husein; Mania H
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 4 (2026): December - ON PROGRESS
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A notary is a public official authorized by the state to create authentic deeds as evidence with absolute probative force. In practice, authentic deeds serve not only as evidence in civil cases but can also be used as evidence in criminal cases if there is a suspected criminal act related to their creation. This situation places the notary at risk of criminal liability, necessitating a judicial assessment by a judge to determine whether or not the notary was involved based on the trial facts, evidence, and applicable legal provisions. This research examines three problem formulations, namely regarding legal regulations regarding judicial assessment of notary responsibility in authentic deed disputes in criminal courts, how to implement judicial assessment of notary responsibility in authentic deed disputes in criminal courts, and what are the obstacles and solutions to judicial assessment of notary responsibility in authentic deed disputes in criminal courts. This study uses a normative-empirical legal research method with a statutory, conceptual, case study, historical, and comparative approach. The data used consists of primary data obtained through interviews and secondary data obtained through literature review of laws and regulations, court decisions, books, and scientific journals. The results of the study indicate that the legal regulations regarding the judicial assessment of notary liability in disputes over authentic deeds in criminal courts are the application of various interrelated legal provisions, including the UUJN, the Criminal Code, the Civil Code, and the UUKK. The implementation of judicial assessment in Decision Number 1/Pid.B/2026/PN.JTH shows that judges assess the notary's criminal liability based on the overall facts of the trial, evidence, and the fulfillment of the elements of the crime, so that criminal liability is not based solely on the notary's position or the existence of an authentic deed. The obstacles found are mainly related to the complexity of proof involving aspects of criminal law and notarial law. Therefore, it is necessary to improve regulations related to the position of notary and the enforcement of criminal law, as well as the development of academic studies on notary criminal liability to support the creation of legal certainty, justice, and legal benefits.

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